TERMS AND CONDITIONS OF SERVICE AND USEIn Compliance with Rule 3, 5 and 6 of Information Technology Rules, 2011
Orangeleaf Style Private Limited, A Company incorporated under the Companies Act,2013 having its office at C-298, Ground Floor, Defence Colony, Delhi – 110024, India, hereinafter referred to as the “Company” (where such expression shall, unless repugnant to the context thereof, be deemed to include its representatives, administrators, permitted successors and assigns.) The creator of these Terms of Service ensures steady commitment to your privacy with regard to the protection of your invaluable information. This document contains information about the Website www.pocandple.com (hereinafter collectively referred to as the “Platform”).
- “We”, “Our”, and “Us” shall mean and refer to the Platform and/or the Company, as the context so requires.
- “User/Customer” shall mean and refer to natural and legal individuals who use the Website and who intend to seek information or purchase products displayed on the platform for sale. They must be competent to enter into binding contracts, as per Indian laws.
- “Services” refer to providing a Platform for displaying for sale of handmade attires and accessories including but not limited to designer garments and accessories which can be purchased from the platform.
- “Third Parties” refer to any Application, company or individual apart from the User and the creator of this Website.
- The term “Platform” refers to the Website of the Company’s fashion brand where designer garments and accessories and other items can be displayed for sale and the same can be purchased by users.
- The headings of each section in these Terms are only for the purpose of organizing the various provisions under these Terms in an orderly manner and shall not be used by either Party to interpret the provisions contained herein in any manner. Further, it is specifically agreed to by the Parties that the headings shall have no legal or contractual value.
- The User unequivocally agrees that these Terms and the aforementioned Policy constitute a legally binding agreement between the User and the Company, and that the User shall be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by the Platform, and that the same shall be deemed to be incorporated into these Terms, and shall be treated as part and parcel of the same.
- The User acknowledges and agrees that no signature or express act is required to make these Terms and the Policy binding on the User and that the User’s act of visiting any part of the Platform constitutes the User’s full and final acceptance of these Terms and the aforementioned Policy.
- The Company reserves the sole and exclusive right to amend or modify these Terms without any prior permission or intimation to the User, and the User expressly agrees that any such amendments or modifications shall come into effect immediately.
- If the User does not adhere to the changes, they must stop using the Services at once. Their continuous use of the Services will signify your acceptance of the changed terms.
3. SERVICE OVERVIEW
- The Company owns fashion brand “Poc and Ple” which is used over designer garments and accessories, which are displayed for sale on the platform operated by the Company.
- Registration is not mandatory. Users may also purchase products as guest visitors to the platform by directly providing their shipping address without creating a login I.D. Users can register themselves on the Platform by providing information including but not limited to personal information such as User Name, E-mail id, Address and Contact number.
- The Users cannot link their Facebook or Google Profile to the Platform at present.
- The access and Registration on the Platform are free and no extra charges are levied for the same.
- Further, at any time during the use of this Platform, including but not limited to the time of registration, the Customers are solely responsible for protecting the confidentiality of their Username and password, and any activity under the account shall be deemed to have been done by them.
- The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
- The User shall not approach the platform with a fraudulent intent of cheating or defrauding.
- The User shall post reviews of the products displayed for sale or the services provided by the Platform in an ethical manner. He/she shall not use slanderous, abusive or obscene language while posting reviews or during any other time when he is communicating on the Platform.
- The Company and the Platform reserve the right to remove any review posted by a user if the same is found to be malicious false or has been posted by the User with a dishonest or unethical intent.
- The Content displayed on the Platform is created by the Company and is subject to copyright, which is owned by the Company and shall not be reused by any party (or a third party) without the prior written consent of the Company and the copyright owner.
- The Platform reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any User who is found to have submitted any Content or part thereof that is found to be untrue/inaccurate/misleading, offensive.
- The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof in the form of ratings and review that is deemed to be untrue, inaccurate or misleading.
- In case of purchase of service, the Customer shall pay an amount for the Services availed through the Platform directly to the Company in any of the prescribed modes of Payment Methods
- Debit Card
- Credit Cards
- Amex Card
- Net Banking
- Online Payment Gateways:
- Cash on delivery
- Any other form of payment
- The Users are solely responsible for the genuineness of credentials and payment information provided on the Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
- The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions.
8. REFUND AND CANCELLATION
- Return requests are accepted and but no refunds are offered on products for sale on the website unless specifically stated otherwise in case of certain products. In case of return if it fulfils all conditions of our return policy then we can issue a credit coupon to the user for a limited period of time. Please note that in some cases the company can outright refuse a return or cancellation and give no reasons for it to the customer.
- In case of any return, request must be made within 5 days of delivery by sending an email to the company
- At the time of return the User has to ensure the product tags and labels are intact and the same has not been used and product is not damaged
- The product has to be packed and return in its original packaging.
- In case of Domestic orders the Company shall pick up the package through its Logistics partner from the shipping address of the User after a return request has been raised. The charges for transporting the product back to the Company warehouse shall be fully borne by the Company in case of a return requests raised for Domestic orders.
- In case of International Orders the package reaching the company back is the full responsibility of the user. Any freight borne for the same needs to be borne by the user. In case the package does not reach the company, the company is not liable to process the return request.
- Users who are found to be abusing the return or refund rights granted to them by the Company shall be brought to strict action by the Company and the Company shall have the right to claim damages for the losses suffered due to their malpractices.
- In case of delivery or return any custom duties, government levies that may arise in either transit must be borne by the user. The company will not be liable to pay any of these charges, specifically in case of international orders.
9.TERM & TERMINATION
- These Terms shall continue to form a valid and binding contract between the Parties and shall continue to be in full force and effect until the User continues to access and use the Services and Platforms.
- A User may terminate their use of the Services and the Platform at any time.
- The Company may terminate these Terms and close a User’s account at any time without notice and/or suspend or terminate a User’s access to the Platform at any time and for any reason, if any discrepancy or legal issue arises.
- Such suspension or termination shall not limit our right to take any other action against you that the Company considers appropriate.
- It is also hereby declared that the Company may discontinue the Services and Platforms without any prior notice.
- The Company reserves the right, in its sole discretion, to unilaterally terminate the User’s access to the Services, or any portion thereof, at any time, without notice or cause.
- The Platform also reserves the universal right to deny access to particular User, to any/all of its Services without any prior notice/explanation in order to protect the interests of the Platform and/or other users to the Platform.
- The Company reserves the right to limit, deny or create different access to the Platform and its features with respect to different Customers, or to change any of the features or introduce new features without prior notice.
- The Customer shall continue to be bound by these Terms, and it is expressly agreed to by the Parties that the User shall not have the right to terminate these Terms till the expiry of the same.
- By using this Services and Platforms, and providing his/her identity and contact information to the Company through the Platform, the User hereby agrees and consents to receive calls, e-mails or SMS from the Company and/or any of its representatives at any time.
- Customer can report to the Company any grievances or suggestions that they have through e-mail or communication section of the platform. If they find any discrepancy with regard to Service-related information and the Company will take necessary action after an investigation. The response with resolution (if any issues found) shall be dependent on the time taken for investigation.
11. USER OBLIGATIONS AND FORMAL UNDERTAKINGS AS TO CONDUCT
The Customer agrees and acknowledges that they are a restricted User of this Platform and that they:
- Agree to provide genuine credentials during the process of registration on the Platform.
- Agree that they are solely responsible for maintaining the confidentiality of their account password. The Customer has to notify the Company immediately of any unauthorized use of their account. We reserve the right to close your account at any time for any or no reason.
- Authorize the Platform to use, store or otherwise process certain personal information and all published Content, Offer redemption’s, reviews and ratings, experience stories for personalization of Services, marketing, and promotional purposes and for optimization of User-related options and Services.
- Agree not to access (or attempt to access) the Platform and/or the materials or Services by any means other than through the interface provided by the Platform.
- Expressly agrees to make good any losses suffered by the Company or platform which result as a consequence of any act committed by the Customer including but not limited to acts of fraud and falsification of information.
- Agrees that they are using the services of the Platform and accessing the platform at their own risk with their prudent judgment and the Company or Platform shall not be responsible for any resultant losses suffered.
- Agrees that the platform will be used by the Customer solely for the purpose of viewing and purchase of the products offered for sale on the Platform for personal use.
- The User agrees not to post any material on the website that is defamatory, offensive, obscene, pornographic, indecent, abusive, or needlessly distressful, or advertising any goods or services prohibited by the law. More specifically, the User agrees not to host, display, upload, update, publish, transmit, or in any manner share any information that:
- belongs to another person or business and to which the Customer has no right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, or otherwise unlawful in any manner whatever; but not limited to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- violates any law for the time being in force;
- deceives or misleads the other users
The Users agree to indemnify and hold harmless the Company, its directors, employees, suppliers, and affiliates, from and against any losses, damages, fines and expenses including but not limited to legal expenses arising out of or relating to any claims in the instance that the User has used the Services in violation of the rights of another party, in violation of any law, in violations of any provisions of the said Terms and Conditions, or any other claim related to your use of the Services, except where such use is authorized by the Company.
13. INTELLECTUAL PROPERTY RIGHTS
- Unless expressly agreed to in writing, nothing contained herein shall give the User a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.
14. FORCE MAJEURE
- Neither the Company nor the Platform shall be liable for damages for any delay or failure to perform its obligations hereunder if such delay or failure is due to cause beyond its control or without its fault or negligence, due to Force Majeure events including but not limited to acts of war, acts of God, earthquake, riot, fire, festive activities sabotage, labor shortage or dispute, internet interruption, technical failure, breakage of sea cable, hacking, piracy, cheating, illegal or unauthorized.
15. DISPUTE RESOLUTION AND JURISDICTION
- It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution (“ADR”) mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
- Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amicably amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
- Arbitration: In the event that the Parties are unable to amicably resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the Company, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings. The arbitration shall be conducted in English, and the seat of Arbitration shall be the city of New Delhi.
- The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts of New Delhi.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to the Company by the User by emailing to firstname.lastname@example.org
18. MISCELLANEOUS PROVISIONS
- Entire Agreement: These Terms, read with the Policy, form the complete and final contract between the User and the Company with respect to the subject matter hereof and supersedes all other communications, representations, and agreements (whether oral, written or otherwise) relating thereto.
- Waiver: The failure of either Party at any time to require performance of any provision of these Terms shall in no manner affect such Party’s right at a later time to enforce the same. No waiver by either Party of any breach of these Terms, whether by conduct or otherwise, in any one or more instances, shall be deemed to be or construed as a further or continuing waiver of any such breach, or a waiver of any other breach of these Terms.
- Severability: If any provision/clause of these Terms is held to be invalid, illegal or unenforceable by any court or authority of competent jurisdiction, the validity, legality, and enforceability of the remaining provisions/clauses of these Terms shall in no way be affected or impaired thereby, and each such provision/clause of these Terms shall be valid and enforceable to the fullest extent permitted by law. In such case, these Terms shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability, while preserving to the maximum extent the original rights, intentions and commercial expectations of the Parties hereto, as expressed herein.
- Contact Us: If you have any questions about this Agreement, the practices of the Platform, or your experience with the Service, you can contact us at email@example.com